HomeMy WebLinkAbout02/23/49t20
February ZJ, 19h9
Regular meeting of the City Council of the City of Bremerton was held February 23, 1949, at
10:00 o~clock A.M., in the Mayor's Office, City HAL1. Mayor Kean, presiding; Commissioner Haddon;
Commisaloner'Wheaton, City Treasurer and City Attorney being present.
Motion by Mr. Eean and Mrs. Haddon that minutes of regular meeting of February 16, 1949, be
approved as written, carried.
Clerk presented Claim Voucher on Sanitation Fund from James W. Bryan, Jr., Attorney for
C. W. Johnson, for $23,328.00 for purchase of land and building on Sheldon Blvd. Clerk stated
that the bonds would be ready for signature by Friday of this week and City Treasurer stated he
would begin the details necessary to make the transfer of funds to purchase the bond issue so
that the Sanitation Fund would be reimbursed before the end of this month.
Motion by Mr. Eean and Mrs. Haddon to approve the payment of $23,328.00, carried, all
members voting Yes.
Clerk read claim voucher showing payroll for period ended February 15, 1949, Salary Warrant
No. 13694 to 13982 inclusive, in the amount of $36,725.10.
Motion by Mr. Kean and Mrs. Haddon to approve the salary voucher, carried.
Notice of Employment was read by Clerk for William J. Beatty, Traffic Maintenance, Police
Department, $260.00 per month.
Motion by Mr. Kean and Mr. Wheaten to approve the temporary non-Civil Service appointment
as read, carried.
Clerk read Claim for Damages from Floyd L. Daughsrty, 2810 Cherry, Sheridan Park, Bremerton,
for alleged injury occurring January 26, 1948, to his wife, Anna Daugherty, for fall because of
ice on crossing at Cherry and Callahan, fracturing right leg in four places. Items of damage,
doctor. $150.00, special nurse $30.00, Harrison~ Memorial Hospital $157.50; loss of services of
wife for s~x months $1500.00; pain and suffering to wife $5000.00. Claim was dated February 14,
1949, and filed February 17, 1949.
Motion by Mr. Kean and Mrs. Haddon to refer the claim to City Attorney, carried.
Clerk read claim from Muriel Jones and Leonard Jones, signed by Leonard JoneS, dated
February 21, 1949, and filed same date, for general shock and damagesto Muriel Jones in the
amount of $500.00, when a city garbage truck went out of control due to broken axle on Fourth
Street below Washington, backed down the hill, breaking down a wooden bulkhead and crashing into
claimant's residence.
Motion byMrs. Haddon and Mr. Kean to refer to City Attorney, carried
Clerk read letter dated February 15, 1949 from Albert Kaye, Capt. Cav., WNG, Commanding,
Washington National Guard, requesting approval to make a temporary room at the Sinclair Heights
Community Building. Attached to letter was a sketch bearing the approval of M. G. McLeod, City
Building Inspector, and E. B. Sanders, an Engineer for Bremerton Housing Authority. Mayor Kean
explained that the City has a kind of occupation permit for the building from the Housing
Authority which the City has in turn released to the National Guard pending an application from
the City to receive that area from the federal government, and Mayor has suggested to the
National Guard that any alterations, improvements or changes must be approved by the Housing
Authority and cleared by the ~ilding Department.
Motion by Mr. Kean and Mrs. Haddon to approve the request and q.llow them to proceed with the
changes as outlined in their request, carried.
Clerk read letter dated February 19, 1949, re: Manette Community Building, from City
Engineer which stated that the architect filed a breakdown of the work completed with Estimate
No. 1 while Estimate No. 2 and No. 3 contained no such breakdown; and a proposed change order
has been submitted by the architect to the Council as of February 16, 1949, which does not
conform to construction standards. Engineer's letter set out the procedure to follow on a
change order. Further stated that it is assumed that the City will accept the proposed change
order.fo~ th~ Manette Community Buildin~ and pay the additional cost even though the change was
improperly handled by the architect; however, the bill should not be paid twice, that is both
the manufacturer of the item and the contractor incorporating the item in the building construct-
ion should not receive payment. Clerk then read letter from Kenneth G. Branch, architect,
dated February 16, 1949, enclosing Change Order No. 2, stating this change covers work already
in place and the price is offset by the balance left from the plumbing credit Change Order after
materials and fixtures were purchased; that the additional cost is more than Justified by the
added use of the space in the room; and this Change will in no way impair the funds to complete
the project. City Clerk then read Change Order No. 2 to add a total of $418.58 to the original
contract. A discussion ensued on the request for Change in the contract. Mayor Kean stated
that in order to safeguard ourselves and eliminate these irregularities the East Bremerton
Improvement Club submitted plans and specifications and have asked the Park Superintendent and
City Engineer to work closely with the architect and contractor and that the Park Superintendent
and City Engineer are always easily available for consultation. City Engineer also stated that
th~ building is not safe and the roof is dangerous but that the Building Inspector was going to
inspect it. City Attorney suggested Change Order No. 2 be accepted.
Motion by Mr. Kean and Mr. Wheaton to approve Change Order No. 2, carried.
Clerk read letter dated February 14, 1949, from Kenneth G. Branch, setting forth Estimate
No. 3 on Manette Co~m~nity Building, due to Dan Solie, Contractor, the sum of $1,285.74, and
submitted a claim voucher for this amount.
Motion by Mr. Kean and Mrs. Haddon to approve the claim voucher for $1,285.74, Estimate No.
3, carried.
February 23, 1949 (cont)
Motion by Mr. Kean and Mr. Wheaton that the City Clerk and Purchasing Agent write to
Mr. Branch and send a copy to Mr. Pendergast and Mr. Severance, calling their attention to
the irregularities in this contract and to assure them that the Council is not going to approve
any more change orders unless handled in the proper manner and Clerk to get the breakdown for
the other periodical estimates, carried.
Letter was read by Clerk from City Engineer dated February 23~ 1949, submitting copies of
plans and specifications for the construction of a Sanitation Truck Shelter at 14th Street and
Sheldon Boulevard, including an open parking shed, installation of a roll-type door on the
existing building and installation of a woven wire fence around the entire property. Project
set up as two separate jobs as it consists of two entirely different types of construction.
Motion by Mrs. Haddon and Mr. Wheaton to instruct the City Clerk and Purchasing Agent to
call for bids, carried.
Clerk announced this was date and time for hearing on Assessment Roll, LID - 238, Nipsic
Avenue between E. 13th St. and E. 16th St. Clerk read written protest received February 21, 1949,
from Alfred W. Bechlem, who objected on the grounds that the property is not assessed equally
with the properties directly across the street and adjacent thereto to the north; that he believes
the error is due to an item called "private sewer", and he knows of his own knowledge that he has
no more private sewer than any of the other property o,~ers.
City Engineer explained that there had been an assessment under LID-152 of $32.06 for main
sewer, with $22.10 charged for side sewer and $97.61 charged for a private sewer, and that these
amounts were paid by the former property owner; that Mr. Bechlem was given a credit on assessment
roll of L~D-238 of $32.06, the charge made under LID-152 for the main sewer. Mr. Severance
further said that when LID-238 was being installed that a sewer line was crossed but whether it
went to Mr. Bechlem's property or not was not ascertained and he felt that Mr. Bechlem wonld have
to pay the full assessment less the $32.06 credit.
Motion by Mr. Kean and Mrs. Haddon to postpone the hearing for a week and refer to the City
Attorney and City Treasurer for recommendation, carried.
City Attorney introduced Mr. Ernest Shell who lives on Washington Beach, and owns property
over which the City is attempting to secure an easement for interceptor sewer pipe line. Mr.
Shell stated he needed rip rap for his property to keep the interceptor sewer pipe line from
washing up to the surface and that he has a bulkhead that might be endangered. Mr. Wheaton
remarked he would like to see this matter taken up with Carey & Associates to protect all the
property owners permanently' because they all have the same problem, and that he had assured
Mr. Shell previously that the City would see that damage was not done.
Motion by Mr. Wheaton and Mr. Kean that the City Engineer contact Carey & Associates and
have a plan submitted as to how they are going to take care of the erosion on the beach, carried.
Mr. Kean asked how many loose ends are going to appear in the sewage treatment project and
Mr. Wheaton stated he had not been able to ascertain the answers but he would check the specifi-
cations of the pipe line contractor and see what his responsibilities are.
City Attorney stated in regard to the proposed resolution naming certain Bremerton banks
as depositories that he had studied the laws and former action and find that in 1940 the four
banks were named as depositories and the law states that these banks so named remain until
revoked; that the City has never received any comment on the depositories from state examiners.
Attorney recommended that rather than prepare a new resolution now would like to wait until
another state examiner arrives and take the entire matter up with him.
Motion by Mr. Kean and Mrs. Haddon to concur in the Attorney's Recommendation, carried.
Attorney stated the matter of residence and plurality of families working for the City had
been referred to him; the proposed residence qualifications for future employees would not
affect the residence status of present employees. Further, that the present recommendation by
the Civil Service Commission was not like the previous ordinance and would need an ordinance
adopting it and not by a Civil Service rule.
Motion by Mr. Kean and Mrs. Raddon to concur in the recommendation of the Civil Service
Commission on residential requirements and refer to the City Attorney, carried.
Discussion was had concerning the matter of several members of a family being employed by
the City. The recommendation of the Civil Service Commission is to adopt such parts of the
Federal Civil Service Rule in effect at the Naval Shipyard as will be necessary to effectively
provide for the situation in the City. In addition to these provisions, the Commission
recommended that where two or more members of a family are employed by the City under the pro-
visions of this rule that they should be employed in different City departments. City Attorney
stated this recommendation could be embodied in the Civil Service rules.
Motion was made by Mr. Kean and Mrs. Haddon to concur in the recommendation and refer to
the City Attorney, carried.
Attorney read letter dated February 15, 1949, from C. M. Ross, Secretary, Bremerton Public
Schools, relative to LID-236, which stated that if the property now belonging to the United
States on the east side of Ohio Street, becomes the property of the Bremerton School District,
that the District will pay the assessment.
Attorney read Supplemental Agreement between City and Washington Sportservice, Inc., who
were granted on March 19, 1948, the exclusive right and concession to sell refreshments,
novelties, tobacco and kindred items at Roosevelt Field during the baseball season. The
Supplemental Agreement is for the purpose of extending the original agreement during the year
1949, to Dec. 31st.
February 23, 1949 (cont)
Motion by Mr. Kean and Mr. Wheaton to approve the Supplemental Agreement as written,
carried, all members voting Yes.
City Attorney read Concession Agreement between City mud Hudson and Mahan, covering
Civic Recreation Center and all parks and playfields in City, except Roosevelt Field, until
October 1, 1949, and thereafter month to month.
Motion by Mr. Kean and Mr. Wheaton to approve the Concession Agreement, carried, all
members voting Yes.
City Attorney reported that the City has prepared an Answer and a Cross Complaint in
the case of Joseph P. Mentor in which he seeks to enjoin the City from turning off the water
at two or three of his places in town. In this Cross Complaint the City is not only denying
that the City is acting arbitrarily in seeking to shut off the water but we are asking the
Court to enjoin Mr. Mentor to make some changes in his houses. We understand Mr. Mentor has
been pretty busy fixing up some of the buildings but will find out by bringing them all into
court whether we are wrong or he is wrong.
Mr. Wheaton asked for Council approval to have a call for bids published for purchase
of 500 water meters.
Mo~ion by Mr. Wheaton and Mr. Kean to instruct the City Clerk and Purchasing Agent to'
call for bids for the purchase of 500 water meters, carried.
Mr. Wheaton reported progress on the checking of several heating plants of the City and
stated one report had been made by the man from Seattle which should be held until the other
report is made.
Mr. Wheaton reported that street signs and posts are ordered for North Callow District
and the power company is checking on the lights so we can l~ght that area.
Mr. Wheaton reported that the heavy rains of the last two days have cost the Water
Department about $1,O00.00 due to broken mains. Believe we have got off easy and a~_d the
pipe crews deserve congratulating.
City Clerk stated that in connection with the Manette Community Building there had been
an irregular purchase made. There was an emergency need for about $1,200.00 of materials, but
if the matter had been handled properly the emerSency wouldn't have existed. The residents
of Manette had signed up for volunteer work on the building to keep the ~cost of the project
down and just immediately to the four-day navy yard holiday it was reported by the architect
that not enough materials were on hand for the volunteer workers. Ne didn't call for bids by
publication; however, informal bids were obtained from several firms and the lowest bidder was
given the order.
Mayor Kean stated a resolution could be drawn up to set forth the facts. There was a
four-day holiday coming up and Mr. Branch at the last possible moment asked the City Clerk
to buy these items. The Clerk had called the Mayor about this and told him he didn't see
how the City could avoid doing this because those people probably would be disgusted and ask
to have their names removed from the donated labor li~t. Clerk also had contacted Mrs.
Haddon, Mr. Wheaton and City Attorney prior to the purchase.
City Attorney then dictated Resolution No. 686 as follows:
WHEREAS, by agreement dated October 29, 1948, the City of Bremerton contracted with Dan
Solie for the removal, alteration and reconstruction of a former Child Care Center belonging
to the Bremerton Housing Authority, such building to be used and occupied as a field house
and community center at Manette Playfield in the City of Bremerton, and
WHEREAS, it was agreed and understood between residents of Manette and the City of
Bremerton that the finishing work would be done by the residents of Manette in order to
conserve funds of the City, and
WHEREAS, said residents desired to work during a four-day holiday beginning February 19,
1949, and it appeared that there were insufficient materials available due to failure of the
architact to arrange for the delivery of such materials prior to said holiday, and
WHEREAS, the City Clerk upon his own volition waived the requirement of the City Charter
that all purchases over the sum of $500.00 be made only after publishing call for b~ds and it
now appears that such action should be ratified by the City Council, and
WHEREAS, the City Clerk did obtain estimates from five or six of the supply houses in the
City of Bremerton,
NOW, THEH~ORE, BE IT RESOLVED by the City Council of the City of Bremerton that the
action of the City Clerk in purchasing such material for the Manette Community Building
without publishing any call for bids be and the same is hereby ratified.
Motion by Mr. Kean and Mrs. Haddon to pass the Hesolution~ carried, as follows: Mr.
Kean, Yes; Mrs. Haddon, Yes; Mr. Wheaton, Yes.
Mr. Kean remarked that some equipment had been received from the Housing Authority for
the Manet~e Community Building. City Clerk explained that this was on a loan basis only and
that the Park Superintendent had signed receipts for the equipment. Mayor suggested that a
copy of the loan receipt be filed in the City Clerk's office.
February 23, 1949 (cont)
Mayor Kean stated that the contemplated annexation of the county strip over between
Eastpark and Sheridan Park below highway 21-B was again under consideration and City Attorney
suggested that the petitioners who signed a year ago should be contacted to see if they are
still in favor of the annexation. If they were annexed, their charge to hook into the sewage
treatment interceptor sewer would be $25.00 instead of $125.00. The matter was referred to
City Attorney & Commissioner of Public Works.
Motion by Mr. Kean and Mrs. Haddon to allow all bills presented if approved by a majority
of the Commissioners, carried.
Motion by Mr. Kean and Mrs. Haddon to adjourn, carried.
City Clerk
Mayor